The defendant's KRW 70,00,000 for the plaintiff and 5% per annum from May 10, 2007 to January 27, 2015.

Basic Facts

On March 19, 2007, the Plaintiff and the Defendant lent the name of “C”, his wife, and purchased the three floors of the building in Yongsan-gu Seoul from the Defendant for KRW 1,420,00,000. Of these, the payment of KRW 1,130,00,000 among them shall be substituted by the Plaintiff’s acceptance of the obligation to return the lease deposit equivalent to the same amount as to the above building, and the remainder amount of KRW 290,000 (=1,420,000 - KRW 1,130,000 - KRW 1,000,000,000 for the intermediate payment and KRW 50,000 for the intermediate payment and KRW 50,000 for the intermediate payment and KRW 1,30,000,000 for each party to the contract may respectively be deemed to have agreed on April 30, 207 as the basis of the contract rescission.

(hereinafter. The remainder payment date of the instant sales contract was postponed on May 30, 2007.

According to the instant sales contract, the Plaintiff paid the Defendant the sum of KRW 120,000,000 for down payment of KRW 50,000,000 and intermediate payment of KRW 50,000,000 on March 19, 2007, and KRW 20,000,000 for the remainder payment of May 10, 2007 (= KRW 50,000,000).

On May 30, 2007, the Defendant notified the Plaintiff of the cancellation of the instant sales contract on the grounds of the remainder payment, and sold the said building to E and F on February 28, 2008.

[Grounds for recognition] Fact-finding, Gap's evidence Nos. 1 through 4 (including the provisional number) and the overall purport of the pleading are as follows. According to the above fact-finding, the sales contract of this case was lawfully rescinded according to the defendant's declaration of intent to cancel the contract. Thus, the defendant shall recover from the purchase price of 120,000,000, which was already paid to the plaintiff due to the cancellation of the contract of this case less the amount of 50,000,000, which was agreed to compensate the plaintiff for damages (=120,000,000 - 50,000,000) and each payment day thereafter.